For our country, it is not uncommon for a car to be driven not by its owner, but either by a trusted person or a loved one. Family ties and other connections do not relieve the driver from the obligation to carry an insurance policy, but what to do if it is not possible to issue compulsory motor liability insurance together with the owner of the vehicle.
Especially if he is away or even lives in another region or country? Can I insure a car if I am not the owner? What can be done to undergo the procedure in the absence of the owner?
How to fill out an application
The policy form can include data from both the owner of the vehicle and the person who carries out the insurance. This indicates that the procedure for preparing the documentation in question can be handled by the owner or citizen who has the information necessary to implement this procedure. Legislative acts developed at the federal level establish the possibility of forming an insurance act by a person who is not vested with ownership rights in relation to a vehicle.
In the Russian Federation and the Republic of Belarus, regulations have been developed, they say that it is allowed to draw up an act when using the online mode. You will need to fill out a specially designed form and wait for the system to generate a report and send it to the email address specified in the application. In such a situation, it is important to understand that the paper can be drawn up only if the owner has previously signed a power of attorney.
ATTENTION !!! This document is in a simple format. It is stipulated that contacting a notary in this case is not necessary. The main thing is that the document bears the signature of the owner of the car.
Then the insured is the person who reflects the information in the act in question. Next, he has the opportunity to indicate persons who will be able to drive the car or change the periods for using the car, and make requests for a copy of the lost policy. Statutory provisions provide that the issuer of insurance is not always the person with the legal title.
This factor influences the fact that the document form itself provides two separate fields where the data of the parties to the insurance agreement is entered.
Is it possible to insure a car without the owner?
The answer to this question is given to us by the Federal Law “On Compulsory Motor Liability Insurance” in its very first article. This regulatory act provides for three statuses of persons who in one way or another may be related to insurance:
- car owner,
- its owner
- policyholder.
How are they different from each other? It's simple: the owner is the one to whom the car belongs under the purchase and sale agreement, to whom it is registered in the traffic police; the owner controls the car at a given moment in time (for example, he drives it on the right of trust from the owner), but, of course, is not its thief; and the policyholder is the one who insured the car under MTPL.
You will also be interested in:
- What documents are needed for a car if the driver is not the owner?
- What documents need to be changed when changing your last name?
- What is the fine and what else threatens for forgotten licenses and car documents?
Article 1 of the Federal Law “On Compulsory Motor Liability Insurance”, definition of the insured:
policyholder - a person who has entered into a compulsory insurance agreement with the insurer; ….
By the way, the quote also mentions the insurer. Everything is also simple here - this is the insurance company itself.
From the information above it follows that the policyholder does not have to be the owner or even the owner of the car. And both legal acts indicated at the beginning of the article do not contain a single requirement that only the owner can provide insurance.
Thus, it is possible to insure a car without the owner.
Calculate the cost of your MTPL policy
The subtleties of insurance without an owner when visiting an insurance company
The policyholder, if he applies for concluding a compulsory motor liability insurance contract without the owner, will need a standard package of documents. This package is the same as if the owner himself had insured the car, and includes the following documents (clause 15 of the Insurance Rules), presented in the table below.
| Document | Comments |
| Statement | Written by hand, you can write directly to the insurance company. |
| Passport | You will need the policyholder's passport. But just in case, you can take a copy of the car owner’s passport with you. |
| Vehicle registration certificate | — |
| Driver's license | Driver's license of the owner, if an unlimited number of drivers are allowed to drive; or for each driver who will be included in the insurance. |
| Diagnostic card | Often it is done directly by insurers, and it is valid for 2 years, therefore it may not be needed if the previous one was received less than 2 years ago and is valid at the time of concluding the contract, regardless of its expiration before the end of the contract. |
This is an exhaustive list of documents with which you can make insurance without the owner of the car. But still, if opportunity and principles allow, it’s worth taking a copy of the car owner’s passport with you just in case, since in rare cases incidents are possible (more often in cases of not very qualified insurance employees). Based on the results of their submission, you will simply be given a policy where the owner and the insured will be indicated differently. For this purpose, separate fields are provided in the policy form.
A power of attorney, neither notarized nor simple, is not needed to purchase insurance without the owner.
However, there are rare cases of illegal refusal by an insurance company if the insured is not the owner of the vehicle. In this case, you have few options. You can change companies, fortunately there are many of them even in the most sparsely populated cities. The second option is to try to achieve justice by filming the refusal or sending an application with the necessary documents by mail. Just keep in mind that the insurer has the right to consider applications based on letters for up to 30 days (clause 70 of the Insurance Rules).
Subtleties of insurance without an owner when applying for electronic MTPL
If you buy car insurance online, everything is even simpler. On almost all websites of insurance companies that allow you to make E-OSAGO, the form for filling out data also has two separate fields: the owner and the policyholder, and they can be different persons.
Is it possible not to include the owner and policyholder in the list of drivers?
We also note that in any case, the fact who exactly is the policyholder does not affect the final price of the MTPL policy. It is influenced by the experience, age and accident-free behavior of the registered drivers. But the policyholder may not be included in the insurance at all, just like the owner of the car - there is no such obligation in any clause or article of any legal act relating to compulsory motor liability insurance.
Documentation for insurance formation
In order to complete the paper in question, you will need to collect a package of documentation and send it to the authorized organization.
These include:
- driver's license;
- a copy of the act by which the identity of the citizen - the owner of the vehicle is verified;
- vehicle passport;
- paper confirming the registration of the car;
- previously valid act;
- power of attorney.
Based on the above provisions, we can conclude that the procedure for obtaining insurance can be initiated by someone who does not have ownership rights.
IMPORTANT !!! However, it is important to note that in the event of an insurance situation, only the owner of the vehicle has the right to receive compensation.
If this person does not have the opportunity to receive funds, the policyholder does this. In this situation, you will need to provide a power of attorney.
It is important that this act must be presented to a notary officer for the purpose of certification.
OSAGO when selling a car
If you are going to become a trusted driver when renting a car, then know that when selling a used car, the old auto insurance policy will not be of any use to you. That is, the protection extends to the person you buy the car, and not to you.
If the vehicle is being re-registered, then you can register the car with the traffic police only after you come with the vehicle passport and other necessary documents to the IC office to conclude an agreement on the protection of the “vehicle citizen”.
If the expiration date of the old policy has not yet expired, then the question arises: can the owner of the car not give it to the new owner? In fact, you don’t need to give anything away, because the car owner has the opportunity to return money for an unused policy.
Registration procedure
A citizen who owns a car and the person driving it are sometimes located in different areas and do not intersect. Then, when drawing up an insurance act, the citizen will need to enter certain information on the form. In particular, the surname and initials of the owner, as well as information about those who can use the vehicle. Such indicators are taken into account by employees of authorized companies to calculate the amount of insurance.
The number of citizens who then have the right to drive a car affects the price under the contract. The legislator indicates that the registration procedure can take place in the absence of the owner of the rights. You can do everything yourself, without asking the owner to come to the branch of the insurance company. The citizen will need to present a power of attorney, enter data in the form and pay the insurance amount. If the insurer refuses to issue an insurance policy to such a person, it is important to understand that this is a violation of legal rights.
In such a situation, you need to turn to the above legislative act to protect your rights.
Who has the right to receive payments?
The MTPL document guarantees the policyholder that in the event of an accident, the costs of restoring the damaged car will be covered by the insurance company.
By law, insurance compensation is due to the owner of the car. You can receive money in cash at an organization or by bank transfer by transferring the recipient’s details to the bank. The owner of the vehicle is the beneficiary.
In such a situation, the power of attorney is certified by a notary office. The principal can be either the policyholder or another citizen. In case of an accident, compensation can be received by the owner or his principal.
The price of the policy depends on factors such as:
- driving experience;
- driver age;
- kbm.
When calculating, only the information of those people who have the right to drive the vehicle is taken into account. The cost of the policy depends on their number. Because of this, it is better to write down the names of those who will use the car constantly.
If the insurance is issued not for the car owner, but for another citizen, then the owner may not be registered, since the presence of the document gives him the right to operate the vehicle. Registration of a policy not for the owner of the vehicle does not affect the price of the policy at all. According to the law, if the owner and policyholder of the vehicle are the same citizen, then there will be no changes in the price of the policy.
An organization can enter into an agreement on compulsory motor liability insurance with any person who has provided a document on the right to drive this car.
Insurance and property sales
The owner will need to start collecting all the documentation. This also applies to a document confirming the existence of an insurance contract. It is important to understand that the new owner does not have the opportunity to use the deed received by the previous owner. It is taken into account that by the time the vehicle is sold, the period of paper use has not ended. The new owner will need to draw up a new paper, and it begins to be valid from the date of registration.
This requirement indicates that a citizen must, when registering in his own name, re-register all papers, including STS. Otherwise, if an insurance situation arises, the person will not be able to process payments related to damage to property.
Difference between car owner and policyholder
The policyholder is the person for whom compulsory motor liability insurance is issued and who directly made the payment.
The owner of the vehicle, when drawing up an insurance agreement not for the owner, is allowed not to include himself in the policy as a driver. Let us recall that the policyholder is a person who has entered into an agreement on compulsory motor liability insurance with a certain organization. This person is obliged to comply with all requirements specified in the terms of the contract.
The main responsibilities of the policyholder include:
- transfer of a set of documents and truthful information about the car to the insurance company for execution of the agreement;
- payment of the policy price;
- timely entry of changed data, if any.
The policyholder is responsible for maintaining the policy in satisfactory condition. He directly has the opportunity to request a duplicate of the policy from the insurance company in case of its loss or deformation. He can also terminate the contract with the insurance company if there is such a need.
According to the law, the owner of a car is a citizen who owns it on the basis of the law of the Russian Federation. In reality, this is the person to whom the vehicle is registered and registered with the traffic police.
It is necessary to understand that if the owner of the car does not intend to receive payments and carry out repairs, but transfers his own powers to another person, then such transfer of rights must be performed correctly.
Who has the right to renew
When a citizen does not have property, he can drive while the power of attorney is valid. However, the presence of an act despite the situation is considered as a prerequisite. The maximum period for which insurance is provided can be only 12 months. The renewal can then be handled by the person who actually uses the car. The personal presence of the owner is not required. This means that even in the absence of legal rights to own a car, a person is given the opportunity to obtain an insurance policy. This needs to be done every year.
This action can be implemented more than once, that is, the extension of the contract is not limited in quantity.
How to get a policy without the owner of the vehicle
The owner's visit to the insurance company is not required. But his data is certainly recorded in the document.
To purchase a policy you will need the following documents:
- statement;
- Driver's UI;
- passport of the driver and owner of the vehicle;
- PTS;
- previously issued policy;
- power of attorney.
To purchase a policy, you do not need to provide transport for inspection. It must be remembered that it is not the vehicle that is subject to insurance, but the liability of the person insured to other participants in the vehicle liability.
Insurance and car sales
In a situation where a citizen has decided to sell a car, but the insurance policy period has not expired, it is important to understand that it will be possible to return part of the cost under the agreement. This rule is spelled out in the law that applies to car insurance.
The law specifies several grounds for the return of funds, including:
- sale of a vehicle;
- car theft;
- termination of activity by the insurer.
IMPORTANT !!! To receive money, you need to contact the insurance company where the paper was purchased. When opening a branch of the Investigative Committee, you need to fill out an application. A certain package of documentation is attached to it.
Including these:
- sales agreement;
- a document by which the identity of a citizen is verified;
- insurance;
- bank account for transfer.
This process most often does not cause difficulties. Disputes may arise regarding how much money the insurer should return.
Is it possible to include drivers without an owner in the insurance?
Since the insured of the car is another person, then he can change the data in it upon application to the insurance company. Moreover, the owner himself can no longer do this. It is as if the policy were property, then the policyholder is the owner of this property, although the owner of the car still retains his rights, and the policy is closely connected with this car.
To change your insurance information, you will have to visit the office of the insurance company or its agent. Even if the policy was issued electronically, it will not be possible to make changes to it via the Internet.
How to choose an insurer
To apply for an insurance policy, you only need to contact an organization that has a positive rating and has proven itself to be reliable. You need to pay attention to what rate will be applied. This value is dictated by the federal legislator and companies do not have the authority to change them.
In addition, it is important to find out about the size of the company’s authorized capital and the presence of branches in other entities. Based on the above, we can come to the conclusion that a citizen who is not vested with property rights can take out car insurance. This can be done using a power of attorney. It is not necessary to have such a document certified by a notary.
Nuances of movable property insurance
Every driver understands, no matter how carefully he drives, it is possible to get into an accident due to an absurd accident, and no one is immune from this event. Taking these circumstances into account, compulsory car insurance has been introduced in Russia since 2002. Without a policy, a vehicle driver does not have the right to drive a car. Otherwise, he faces a fine.
If the driver begins to live in another region, but his registration has not yet changed, he is obliged to extend the validity period of the policy. Insurance payments are calculated individually, depending on the insured event.
Do not confuse MTPL insurance with insurance when applying for a car loan. Upon full repayment of the loan, the borrower has the full right to return the insurance imposed by the bank.
